论高职院校校企合作法律风险管理内外部一般性策略

On Internal and External General Strategies of Legal Risk Management of School-Enterprise Cooperation in Higher Vocational Colleges

校企合作领域违法违约的情况时有发生,由于校企合作外部法律环境发生变化或法律主体的作为及不作为,高职院校及其师生可能面临负面法律责任或后果。对高职院校校企合作领域法律风险进行有效干预,具有重要意义。借鉴企业法律风险管理理论和实践,提出高职院校校企合作法律风险的定义、特征、类型和校企合作法律风险管理的定义、特征、目标和原则,结合管理现状实证分析,建议高职院校在内部以合同管理为主线建立完善法律风险管理机制,重点关注法适用和价值选择,在外部从资源配置、制度流程、规范指引、培训等方面入手建设法律风险管理环境,以期从法律风险管理角度,完善校企合作机制,确保合作目的。

The situation of school-enterprise cooperation and cooperation in the field of illegal breach of contract occurs from time to time. Due to changes in the external legal environment of school-enterprise cooperation or the acts and omissions of legal subjects, vocational colleges and their teachers and students may face negative legal responsibilities or consequences. It is of great significance to effectively intervene in the legal risks of school-enterprise cooperation in higher vocational colleges. Based on the theory and practice of corporate legal risk management, the definition,characteristics and types of legal risk of school-enterprise cooperation in higher vocational colleges and the definition,characteristics, objectives and principles of legal risk management of school-enterprise cooperation are proposed. Institutions establish and improve the legal risk management mechanism internally with contract management as the main line. They focus on legal practice and value selection, and externally start construction of a legal risk management environment from the aspects of resource allocation, institutional processes, specification guidelines, training, etc. In view of legal risks, improve the school-enterprise cooperation mechanism to ensure cooperation purposes from the perspective of management.